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''Frankly, the National Security Agency and other intelligence agencies are out of control. We cannot talk about America as a "free country" when the government is collecting information on virtually every phone call we make, when it is intercepting our emails and monitoring the websites we visit. Clearly, we need to protect this country from terrorism, but we must do it in a way that does not undermine the Constitution.'' from :

Citizens may equate NSA parking malware on everybody’s computer surreptitiously to soldiers being quartered in their homes in cyberspace. This is infringement of Third Amendment. Parallel to that is the probability that while the government malware is parked on your hard drive it has collected information about your computer activities, a Fourth Amendment infringement.
The government may take the Fifth Amendment to avoid self-incrimination. So warped our legal landscape has become.

Amendment III
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.